Wednesday, July 31, 2002

Recently, the city of Fayetteville annexed two more areas. These two areas are next to the Pavilion. One is Phase 3 of the Pavilion where Belk's and Kohl's are. The other is just south of the Pavilion on Ga. Highway 85. The Fayette County Commission raised objections to both of these annexations. I'd like to tell you why.

In our view, both of these annexations create "islands" of unincorporated county areas. In a recent change to Georgia law, this is no longer permitted. During the last decade, while "islanding" was permitted, the city created several islands. If you check a map of Fayetteville, you will see them.

In order to "technically" comply with the law, there is a small strip left along the border of each parcel. These strips are of varying width but are mostly about 10 feet wide. Along the smaller parcel, this strip extends for over 700 feet. On the larger parcel, it runs for 1200 feet to 1500 feet.

It's hard to tell exactly how long it is on the maps they gave us, and the legal description, describing each twist and turn, runs for almost two pages.

We didn't think that this narrow strip complies with the intent or the spirit of the law. I believe that if this is acceptable, then there isn't much point to having this law on the books.

We also believe that there is a further problem with these two annexations. They were annexed according to the "100 percent method". This is from a portion of the annexation law that permits several specific ways a city can annex.

In the 100 percent method, as you would imagine, a city must annex 100 percent of a particular property owner's parcel. In these cases, because of the strips, 100 percent of the parcels were not annexed. The strips were left behind.

The county commission has decided to refer these annexations to the state Department of Community Affairs. We have asked them to look at these annexations and inform us of their opinion as to the legality. We have asked that they look at the creation of islands and also at the method.

We don't think that we can responsibly ignore what may be a violation of state law. I also don't think that we should ignore the plight of those who would live or own property in these islands. After all, the law was written to protect folks from this.

The people who live here will be completely surrounded by a political entity over which they will have no control. That political entity, the city of Fayetteville, can do whatever it wants to with the land around these people. They can rezone the surrounding properties commercial or put apartments there or do anything they like. The "islanders" can't vote in the city nor influence anything it does.

These are real people; they are your friends and neighbors. The county commission can't do anything to protect them even though they live in the county and vote there. The surrounding property is in the city and [the city is] in control of it. I don't think this is right.

Sometimes we allow ourselves to focus on one, single, perceived "good" at the expense of other, negative, results of our actions. Perhaps that is what the Fayetteville City Council allows to happen to themselves when they consider annexations. I hope they reconsider.

Peter Pfeifer

Fayette County Commissioner

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